Joe Cormier: Rescinding RSA 41:14-a could have negative results here

To The Daily Sun,

There's a petition circulating around Moultonborough for the March 14 annual Town Meeting. It is to rescind RSA 41:14-a Acquisition or Sale of Land, Buildings, or Both; Demolition or Disposal of Buildings. This statute has the selectboard act without town approval. The petition is to make buying/selling property by the town go to Town Meeting for a vote. Wolfeboro is also dealing with this statute regarding the Libby Museum. I recall reading folks, there, trying to get 50 voters for a petition to stop demolition of the Libby Museum.

The Moultonborough petition to rescind is no reflection on the selectboard. Most folks believe they are doing a good job running the town. Probably doing them a favor by rescinding RSA 41:14-a. The issue is having town voters vote on those issues. There are other statutes that deal with property: RSA 36-A – Conservation Commissions’ authority over town conservation lands (affects disposal of certain properties); RSA 31:112 / RSA 31:110 – Town forest statutes (which constrain selectboard sales of that land); RSA 41:8 & RSA 41:9/41:11 – General statutes describing selectboard authority and duties (practical context). RSA 41:11-a “... to manage all real property owned by the town and to regulate its use … shall include the power to rent or lease such property ..."

So why is RSA 41:14-a important, if a town vote is more important? Supposedly, NH RSA 41:14-a was created to provide a mechanism for towns to delegate the authority to acquire or sell land and buildings to the selectboard, rather than requiring every transaction to go through a formal Town Meeting vote.

If a property becomes so important, call a Special Town meeting, not the annual Town Meeting, as specified in RSA 39:3. Do it right away and don't wait, if so important.

Joe Cormier

Moultonborough